Firearms Practice Permits for Minors Regulations, 2008

L.N. 144 of 2008

ARMS ACT

(CAP. 480)

Firearms Practice Permits for Minors Regulations, 2008

IN EXERCISE of the powers conferred by articles 26 and 65 of

the Arms Act, the Minister of Justice and Home Affairs, after

consultations with the Weapons Board, has made the following

regulations:-

The title of these regulations is the Firearms Practice Citation.

Permits for Minors Regulations, 2008.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the Act" means the Arms Act;

"the Board" means the Weapons Board constituted and

appointed in accordance with article 49 of the Act;

"the Commissioner" means the Commissioner of Police;

"Kunsill Malti għall-Isport" means the Council set up in terms Cap. 455.

of article 4 of the Sports Act;

"legal guardian" means and includes both or either parent or

tutor as established by the Civil Code;

"minor", for the purposes of these regulations, means

exclusively a person under sixteen years of age but over fourteen

years of age.

(2) Terms, words and phrases used in these regulations and

which are also used in the Act shall have the same meaning as is

assigned to them by article 2 of the Act.

The Commissioner may issue a permit in terms of these Commissioner

regulations, for the practice of shooting with airguns, long firearms to

to minors.

with smooth bore barrels and muzzle-loading firearms on a licensed

shooting range, by minors.

An application for the issue of a permit to a minor as Application to

granted by these regulations shall be filed by the legal guardian on be

guardian.

behalf of the minor concerned.

(1) A permit under these regulations shall not be

granted by the Commissioner unless the applicant satisfies the

following conditions and proves to the satisfaction of the

Commissioner that the minor -

(a)

is a Maltese national or is an exempt person under

the provisions of article 4(1)(b) to (h) of the Immigration Act; or

(b) holds a residence permit in terms of article 7(1) of

the Immigration Act; or

(c)

enjoys freedom of movement in Malta in terms of

the provisions of the Constitution.

(2) In addition to the conditions specified in subregulation (1),

the applicant must prove to the satisfaction of the Commissioner that

the minor -

(a)

has the consent of the person or persons having legal

authority over him; and

(b) has successfully completed an approved firearms

safety course under the instruction of an approved qualified

instructor or an approved competent body and has successfully

completed any tests administered by such approved instructor or

competent body; and

(c)

is registered with a licensed target shooting club, of

which he is a practising member.

(3) The application must be approved in writing by the Kunsill

Malti għall-Isport.

(1) A permit under these regulations shall not be issued

in respect of a minor who, at any time during the five years

immediately preceding the date of an application for a permit on his

behalf

(a)

has been convicted of

(i)

an offence involving violence or attempted

or threatened violence against the person; or

(ii)

an offence under the Act or these regulations;

or

(iii) an offence of bodily harm with an arm proper

or other instrument or of taking up any arm proper or other

instrument against other persons; or

(iv) an offence of theft; or

(v)

an offence against the laws relating to the

suppression of prostitution, white slave traffic or traffic of

persons; or

(vi) an offence relating to trafficking in drugs; or

(vii) any other offence as may by regulations be

prescribed by the Minister under the Act

Provided that, notwithstanding anything contained in the

Probation Act, for the purposes of this paragraph a person shall Cap. 446.

be deemed to have been convicted even if any of the provisions

of the said Act may have been applied in his regard.

For the purpose of this article, the period of five years shall

commence to run from the date of the expiration of punishment

or condition or from the date of the payment of the fine;

(b)

or has a history of

(i)

drug dependence or abuse; or

(ii) treatment for mental illness whether in a

hospital, mental institute, psychiatric clinic or otherwise,

and whether or not such person was confined to such a

hospital, institute or clinic where such mental illness is

associated with the use by such person of violence, or

threatened or attempted use of violence against another

person.

A permit may be refused to any person in the interest of Refusal of

public order or in the interest of the safety of such person or of the issuing permit.

general public.

Any person aggrieved by a decision of the Commissioner Appeal from

taken in accordance with the provisions of regulations 6 or 7 may Commissioner’s

decision to the

appeal to the Minister within seven days from the notification in Minister.

writing of such refusal by the Commissioner, and the Minister shall,

in the exercise of his functions under this regulation, seek the advice

of the Board. The decision of the Minister shall be final and

conclusive.

A permit issued under these regulations shall only Permit limited

authorise the practice of shooting on a shooting range and shall not in to

range.

any manner authorise the carrying or use of any weapon outside

licensed ranges by the minor.

It shall be an offence for a minor to practice target shooting

without the requisite permit under these regulations, and it shall also

be an offence through vicarious liability incumbent upon the parent or

legal guardian and the range licensee and the organiser of such event

and any other person in terms of the Interpretation Act.

The Commissioner may subject the granting of a permit

under these regulations to any conditions he may deem appropriate in

the circumstances including the requirement of a third party insurance

policy binding on the range or the organiser of the event.

The applicable fee for the issuing of a permit under these

regulations shall be that for the issuing of a target shooting licence

made by regulations under the Police Licences Act.